What Damages an Injury Lawsuit Covers
Compensable elements in a personal injury lawsuit largely depend on the material facts of the case surrounding the injury. Certain information such as how the injury occurred and who is actually at fault is central to any injury because of the negligence claim that must be proven by the plaintiff when the case goes to court. Many times, the reason a claim goes to court is the denial of responsibility by the defendant. And the degree of fault can matter as well under comparative negligence doctrine. Even though Florida uses the pure comparative form that only denies coverage to those totally at fault for their own injuries, their comparative negligence percentage is still used to discount the value of the claim. Insurance companies commonly want a jury determination to reduce the payout when a settlement cannot be reached outside of court, necessitating a lawsuit. It is always vital to have the right attorney when this happens like the Bradenton Florida injury attorneys at Neri Law Group for full compensation regarding all claimable elements.
Compensatory Damages
There are standard damages that can filed with any lawsuit in Florida based on case particulars. Auto accidents are governed first under the no-fault insurance law and only include financial recovery for economic claims regarding medical bills for designated injuries and lost wages when it applies for those unable to work during the rehabilitation process. The insurance law is designed to allow for immediate coverage for the injured victim, but cases can still wind up in court when injury claims are contested. Premises liability injury cases and extended auto accident negligence cases can include non-economic claims for general damages due to the pain-and-suffering associated with the injury.
Punitive Damages
Punitive damages are also available in some cases that include provable gross negligence on the part of the dependent. Punitive damages can be the result of vicarious liability from a third party or certain illegal actions of the defendant such as an accident involving a drunk driver. Reckless behavior on some level must exist for punitive damages to be awarded.
Never attempt handling your own injury claim in Florida, the law can be very complicated. Always call Neri Law Group Bradenton Florida injury attorneys for comprehensive representation.
